SC Supreme Court Rules July 22 on Class Action Predominance Standard
On July 22, 2026, SC Supreme Court adopted a federal-style predominance test for class actions.
Why it matters: This ruling sharpens South Carolina’s class action certification criteria, requiring common issues to outweigh individual ones. Legal teams must reassess class action strategies and evidence to meet this clarified standard.
- Ruling issued July 22, 2026, in Henson v. South Carolina Department of Corrections (SCDC).
- Court ruled common issues must predominate over individual ones for class certification (predominance test).
- Aligns South Carolina class action standards with Federal Rule of Civil Procedure 23.
- Legal analyst in National Law Review: plaintiffs must show common issues dominate to certify class.
On July 22, 2026, the South Carolina Supreme Court issued a key decision in Henson v. South Carolina Department of Corrections (SCDC), clarifying how courts decide whether to certify class actions.
The court held that to certify a class, "common questions of law or fact must predominate over individual issues." This "predominance" rule means the shared issues across all class members must be more significant than any individual differences. This ensures that class actions address collective legal problems rather than mainly personal disputes.
Previously, South Carolina’s class action rules under Rule 23 did not explicitly include this predominance requirement. The court’s ruling aligns the state’s test with Federal Rule of Civil Procedure 23, which explicitly requires predominance for class certification.
A legal analyst told the National Law Review, "This decision underscores that plaintiffs must prove that common issues override individual ones to obtain class certification." The predominance test makes courts scrutinize whether class members’ claims are truly collective.
For legal professionals, this ruling means carefully evaluating whether factual and legal questions are sufficiently common when preparing or opposing class certification motions. This is especially critical when individual differences in claims may complicate certification, as in the prison conditions case central to Henson.
The decision sets a clearer framework for how South Carolina courts handle class actions, impacting litigation strategies, resource allocation, and risk assessment. It also introduces greater consistency with federal class action practices.
While the National Law Review provides a helpful industry perspective, independent analyses remain limited. Monitoring future case law and expert commentary will clarify how this ruling reshapes South Carolina’s class action landscape.
By the numbers:
- July 22, 2026 — Date of SC Supreme Court ruling in Henson v. SCDC
- Rule 23 — Federal standard South Carolina now aligns with for predominance
- 1 — Key explanatory analyst source cited (National Law Review)
Yes, but: While the decision aligns South Carolina with federal standards, the court did not address how predominance applies to all class types, leaving some uncertainty. Legal teams should watch for further guidance on applying this standard.
What's next: Watch for upcoming appellate rulings and legal commentary that will interpret this new predominance standard and its impact on class certification in South Carolina.